Tag: Anthony de Jasay

Interviews with Anthony de Jasay

There are not a lot of (English) interviews with the social philosopher Anthony de Jasay. An hour-long spoken interview was conducted by Hartmut Kliemt in 2000 as part of Liberty Fund’s Intellectual Portrait Series.

In March 2010, the Gary Johnson for President blog featured a brief written interview with Anthony de Jasay – a surprising choice considering Jasay’s consistent pessimism about (electoral) politics and democracy.

During the summer of 2010, I conducted an extensive written interview with Anthony de Jasay about themes that are usually not treated in his writings, and asked him to further elaborate on existing themes. Topics covered in this interview include his motivation to produce social philosophy and commentary, contractarianism, philosophy of science, sovereign debt default, voting, neoclassical economics, David Hume, money, evolutionary psychology and rational choice, his own assessment of his (past) writings, and the effect of his poor eyesight on future projects. This interview is now available in the Fall 2011 issue of the Independent Review.

A close inspection of his answers in the Independent Review interview reveals a thorough pessimism about the prospect of legal and political strategies (or any social strategies) to contain the power of government. Jasay strongly objects to being classified as a contractarian, but his outlook on the inevitability of political coercion and exploitation indicates a rather bleak “Hobbesian” view of human nature – a tendency in his works that was also identified by Nobel laureate James M. Buchanan in the Anthony de Jasay festschrift Ordered Anarchy.

Anthony de Jasay sees himself mainly as a philosophical anarchist who questions the moral and economic legitimacy of the State. The best we can hope for is that making the case for “ordered anarchy” may increase the support for reducing, or at least not increasing, the State at the margin.

Anthony de Jasay on poverty and inequality

A recent collection of essays in honor of H.S.H. Prince Philipp of Liechtenstein contains Anthony de Jasay’s article ‘Against Poverty and the Misuse of Language that Helps to Perpetuate it.” In this piece, Jasay argues against the “self-evident” view that economic growth comes with undesirable inequalities of wealth and income.

In the first place, he wonders why it should be assumed that inequality is wrong. In a sharp departure from John Rawls, Jasay argues for a presumption of inequality. After all, even the most casual inspection of reality shows differences in genetic heritage, upbringing, and their unequal effects on wealth and income. Since correcting these inequalities involves interference in mutually advantageous social conventions, the burden of proof is on those who advocate such coercive measures.

Jasay identifies John Suart Mill as one of the writers who contributed to a confused way of thinking about this issue by separating “production” and “distribution,” as if these are two distinct events that follow each other in succession.  But as Jasay writes in another article:

Output is distributed while it is produced. Wage earners get some of it as wages in exchange for their efforts; owners of capital get some of it as interest and rent in exchange for past saving. Entrepreneurs get the residual as profit in exchange for organization and risk bearing. By the time the cake is “baked,” it is also sliced and those who played a part in baking it have all got their slices. No distributive decision is missing, left over for “society” to take.

Because human inequality is not a social construct but a fact of existence, attempts to suppress inequality involve costs. Jasay mentions three kinds of costs: enforcement costs (ranging from record-keeping of taxable subjects to tax compliance), foregone capital accumulation due to income redistribution, and worsening of the marginal rate of transformation of effort into net income. This leads Jasay to ask the question whether the poor actually benefit from such redistributive efforts compared to the rise in income that they would enjoy under laissez-faire capitalism.

Factory exploitation and mutual advantage

In 1970, The Individualist ran an article called The Factory Exploitation Myth by Rod Marris. This article not only sought to correct some widespread misconceptions about the conditions of factory workers in 19th century England but also mentions the role the declining English aristocracy played in disseminating incomplete information about working conditions in the factories and about the standard of living:

A review of the political struggles of the times offers an important insight into why the aristocracy was eagerly spreading the myth of factory oppression. At the time the factory-owning middle class was vigorously opposing the Corn Laws which worked to the advantage of the land-owning aristocracy.

He also mentions the rise of the Romantic movement as a contributing factor.

Critics of unfettered free markets may acknowledge some of Marris’s points but could still claim that factory workers were exploited in 19th century England because the workers were in an “unfair” bargaining position. In essence, such a claim boils down to the opinion that mutual advantage is neither a necessary, nor a sufficient condition for justice.

In his book Darwinian Politics: The Evolutionary Origin of Freedom , the economist Paul H. Rubin writes:

there is no reason to expect that an innate module to measure gains from trade has evolved. Rather, we are each selected to try to be sure that we gain from trade; gains to our trading partners are irrelevant. Moreover, mental mechanisms work against this recognition of mutual benefit.  Even in mutually beneficial trades, an aspect of competition is found.  Both sides want to engross for themselves as much as is possible of the gains…These modules focus on the zero-sum aspect of trade – that aspect dealing with the terms of the bargain, rather than with the gains.

As a consequence, the topic of “distributive justice” gets excessive attention in political philosophy. To many contemporary political philosophers, justice does not refer to conventions that incorporate mutual advantage but a set of principles that can be discovered by (impartial) reason and enforced by the State to alter the terms of agreements and to redistribute income. An excellent collection of articles about the widespread habit of treating justice as “something else” (fairness, equality, or moral intuition) is Anthony de Jasay’s Justice And Its Surroundings.

Strict contractarianism or anarchist conventionalism

The June 2011 issue of Economic Affairs features my review of Anthony de Jasay’s most recent collection of articles, Political Philosophy, Clearly: Essays on Freedom and Fairness, Property and Equalities.

As in all his works, in this book Anthony de Jasay uses a non-cognitivist knife to cut through all the incoherent, but influential, arguments about “fairness,” “rights,” and “the public good” that have been offered as a rationale for government.

As I note in my review, in this collection Jasay also offers his analysis of the State’s monopoly on the use of “legitimate force”, the taboo on “taking the law into one’s own hands” and its effects on crime. His analysis has similarities to what the paleo-conservative writer Samuel Francis has called “anarcho-tyranny”, a situation in which rules against violence, theft and vandalism are poorly enforced (or even deliberately ignored) but the coercive power of the state is used to engineer an egalitarian society and suppress freedom of speech.  Before Francis, these tendencies in modern liberalism were identified in James Burnham’s ‘Suicide of the West: An Essay on the Meaning and Destiny of Liberalism.

Until recently, I had a difficult time understanding Anthony de Jasay’s arguments against moral contractarianism. It seemed to me that Jasay could only conceive of contractarian arguments as arguments in favor of collective choice, ignoring thinkers such as the individualist anarchist Benjamin Tucker and, more recently, Jan Narveson, who use a contractarian framework to argue against the state. But upon more closely inspecting Jasay’s (increasingly) Humean ideas on justice I think I have a better understanding of what his fundamental objections against the contractarian approach are.

An important key to his objections can be found in the following quote from his book The State:

People who live in states have as a rule never experienced the state of nature and vice-versa, and have no practical possibility of moving from the one to the other … On what grounds, then, do people form hypotheses about the relative merits of state and state of nature? …

Anthony de Jasay’s starting point in social philosophy are the spontaneously evolved rules that facilitate mutual benefit. These rules were not “established” through a one-time agreement but through an incremental process of mutual adjustment by individuals. A danger of all forms of moral contractarianism is that it shifts the locus from such spontaneously evolved rules to subjective and arbitrary debates about what the terms of hypothetical contracts should be. For example, if we cannot agree to the terms of a social contract because some participants want a more interventionist state, should the social contract exercise be considered a failure or can the parties that want the least government interference just proceed and consider that person “outside” of the social contract? It is hard to imagine how such a question can be answered in a satisfactory manner from within the contractarian framework without introducing some kind of meta-contractarian framework, which in turn… and so forth.

The philosopher David Gauthier has argued that agreements that do not satisfy certain conditions (his revised Lockean Proviso) might be unstable because some people will have a strong incentive to ignore or re-negotiate them. It is quite conceivable that social contracts that do not reflect mutual advantage are inherently unstable and will be pulled towards less government, but ultimately such questions about stability can only be answered empirically.

In light of Jasay’s preference for actual contracts, as opposed to hypothetical contracts, I have often been tempted to call Jasay’s position “strict contractarianism” or “strong contractarianism.” Obviously, strict contractarianism is inherently anarchist because there is no way that any government can be considered to be “agreed to” by all the parties (and their descendants) who are presumed to be obliged to it, either explicitly or tacitly. Is the difference between strict contractarianism and conventionalism just semantics then? There is an important element in Jasay’s thinking that cannot be incorporated by any kind of contractarian thinking, and that is his refusal to place himself outside of society (or in the “state of nature”) in an effort to determine what the ideal terms of social interaction should be. It might seem strange to present this as a virtue but it would not surprise me that it is exactly this attitude that gives rise to what we would call a free society.

The ethics of debt default

One of James Buchanan’s most interesting papers is The Ethics of Debt Default (1987), first published in the book Deficits (a collection of public choice articles about public debt and debt financing), edited by James M. Buchanan, Charles Kershaw Rowley, Robert D. Tollison and reprinted in James Buchanan’s Collected Works, Volume 14.

As an individualist contractarian, Buchanan rejects the argument that we have a moral obligation to honor debt obligations that the government has created simply because the modern state is a ‘moral unit’ in the sense of an extended family. He has more sympathy for the conservative argument that government should not default on its debt because we all benefit from a government that honors its commitments. However, Buchanan notes that on a less abstract level of discussion “a collective decision to repudiate the debt need not, in itself, pull down the whole legal-political house of cards, especially if it is accompanied by a change in the rules designed to insure against recurrence of the necessity for repudiation.” As a contractarian, Buchanan can only endorse borrowing  to finance “genuine public capital investments” that also yield benefits to future taxpayers. After all, it would not be fair if the taxpayers that authorized public investments would have to assume the complete burden of the costs when future generations benefit from those investments, too. The situation is different in the case of ordinary public consumption expenses, which mostly accrue to the existing  generation and that push the tax burden to future generations.

In favor of the argument that there is not a persuasive moral argument against debt default in the case of debt-financed ordinary consumption he employs a Rawlsian argument that should persuade modern liberals and progressives as well. Behind a veil of ignorance where people will not know their generational position it would not be rational to endorse debt financing for the sole aim of favoring one generation over another. Or, as Buchanan puts it in welfare economics terms, “there is no multi-period Parato-superior move that can describe a shift to a regime of debt-financed public consumption.” Buchanan even characterizes debt financing for ordinary public consumption “immoral” by such contractarian criteria.

He also discusses the possibility that the risk premium for government bonds (which, in parallel with private borrowing, should be higher for consumption expenditures) attenuates the moral significance of defaulting on the debt. After all, the voluntary payment of the risk premium implies the recognition of the bond holders that such loans may not be paid back.

Buchanan’s contraction framework only allows for a moral obligation to honor debt that was issued for public investment and income-yielding assets. Incidentally, since a significant portion of debt-financing concerns ordinary consumption and special interests, the argument that Buchanan puts forward in this article could also support voting against raising the debt ceiling of the US government.

One could argue that Buchanan’s limited support of honoring debt payments rests on two controversial premisses about public goods and the binding force of hypothetical contracts.

(1) Buchanan’s argument only works if a social contract to produce public goods is necessitated by suboptimal production of public goods in “the state of nature.” But as Anthony de Jasay has so eloquently written, “People who live in states have as a rule never experienced the state of nature and vice versa, and have no practical possibility of moving from the one to the other. It is often a historical anachronism and an anthropological absurdity to suppose such movement. On what grounds, then, do people form hypotheses about the relative merits of state and state of nature?” Furthermore, a Rawlsian contractarian framework cannot apriori assume government production of public goods instead of some variant of ordered anarchy where redistribution is achieved by limiting property rights.

(2) Arguments that derive the legitimacy of  public institutions from hypothetical contracts are intrinsically unfalsifiable. Removing personal, circumstantial and generational elements from the contractarian framework may strengthen “fairness” but at the cost of reducing the possibility to arrive at objective and unambiguous results. As a consequence, hypothetical contractarianism in practice collapses into a situation of a government of experts claiming to know the alleged substance of such agreements, and citizens (understandably) objecting to the contents and terms of these “contracts.”

An alternative approach would be to only honor actual contracts. Such contracts may not be as “impartial” as hypothetical contracts but they have the distinct advantage of permitting objective verification and incorporating evolved conventions concerning person and property. It is doubtful, however, that such a strict contractarian framework can be reconciled with an obligation of all individuals to pay taxes to  “the government” to honor the debt obligations that it made. Moreover, many individuals (or groups of individuals) will have both self-interested and moral reasons to seek default on such debts.

There is therefore no persuasive moral argument why individuals are generally obliged to honor any kind of government debt. Buchanan recognizes that defaulting on the debt may close off prospects for further government financing through borrowing. But to those who believe that government lacks legitimacy, and is a dangerous imposition on the human race, that should be an additional argument in favor of debt default. Defaulting on the debt might also restore the balance of power between generations and provide an incentive to transition to less debt-driven (ans thus more robust) forms of economic interaction.

Arguments that claim that seeking repudiation of the debt will blow up the political and financial system, and produce a net-loss for all, rest on the unrealistic assumption that such views will have absolute instantaneous effects. In reality, it is more likely that as the arguments for debt repudiation will be gradually embraced, financial markets and government operations will gradually adjust as reflected by increased risk premiums and less emphasis on debt-financing of government operations.